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Select Committee on Treasury Second Report


2  Transparency in charging

Summary box

10. In our earlier report, the Committee found that in credit card literature "Key terms and conditions [had] been buried in the small print, making it difficult for consumers to compare cards."[13] At the hearing with leading card issuers in July 2003 we had challenged lenders to introduce a 'summary box' in marketing material, bringing together key information in a standard box format. APACS agreed proposals for the summary box and all issuers implemented the summary box by the deadline of April 2004. Indeed a number of issuers had already begun to include the summary box in marketing material before the beginning of 2004. Best practice guidelines covering the summary box have now been incorporated into the Banking Code.

11. The evidence indicates that consumers have responded positively to the introduction of the summary box. In research conducted by the OFT, 89% of respondents said that the summary box would be useful and was far more helpful than the tiny small print that had previously accompanied credit card offers.[14] APACS told us that in their research 99.4% of the people asked thought that the summary box was a good idea, with more than nine out of ten saying that they would definitely, or probably, read it when making a card application. The Motley Fool personal finance web-site reported the introduction of the summary box thus:

    "All too often, it seems like the world of personal finance is full of doom and gloom…So it's good to point out something a bit more cheery now and then. Over the last year, one of the more welcome developments has been the introduction of Summary Boxes for credit cards. For the uninitiated, this is the radical step (well, radical for the financial services industry) of displaying the information about a credit card upfront, in an easy-to-understand table that can quickly be compared with other cards' tables. Genius!".[15]

12. While the principle has been universally welcomed, consumer groups have expressed concern over the way some firms have implemented the summary box. Which? told us "Due to the differences in presentation of the Boxes, both in terms of the wording used and the appearance of certain information, this has made it very difficult to both read and compare. Several of the Summary Boxes we have seen reveal considerable variations in size, colour and legibility".[16] An example of confusing wording was in the order in which payments made by the consumer are allocated to reduce different parts of the outstanding balance. For example, in the Capital One summary box, the allocation of payment information is described as follows:

    ""We will apply payments we receive to your account in the following order: 1) Any Cash handling fees 2) Any interest 3) Any other fees 4) Any Payment Protection Insurance 5) Transferred balances (with the exception of those stated in 6. below) 6) Purchases and any balances that were transferred after the end of the initial period* 7) Cash"      *The initial period is stated in your terms and conditions

This complicated wording contrasts with the simpler HBOS summary box:

    "If you do not pay off your balance in full, we will allocate your payments to balances with a 0% interest rate before balances with higher interest rates."

13. As Dr Robert Hunt noted, some lenders are continuing to use small type and not placing the box in a prominent position but at the back of the small print, complying with the letter rather than the spirit of the summary box requirements.[17] In particular, the summary box in Capital One marketing literature seemed particularly small and difficult to read. After being challenged on this point, Mr Brownlee (Capital One's Vice-President, Europe) later wrote to us reporting that they had "instigated a full review of all Capital One summary boxes. We expect very soon to be able to implement a new, improved and larger summary box within our marketing materials."[18] For those applying on the web, many card issuers have provided a direct link to the summary box, but in other cases the summary box can only be found by clicking on the terms and conditions and scrolling to the end of a long document. It is also important that summary boxes across the industry use the same ways of quoting information: Committee staff found cases of credit card issuers using different ways of representing monthly interest rates as per annum rates in their boxes.[19]

14. On the positive side there is evidence that some card issuers have continued to improve the designs and clarity of their summary box. MBNA sent us their new style summary box, which featured the APR in 18pt type as recommended in our previous report. In the USA there is a requirement for long-term APRs to be displayed in minimum 18pt type; all other APRs and information are required to be in minimum 12pt type. Other issuers, including Barclays and Lloyds TSB, have continued to develop and improve the size and format of their summary box. Barclays told us that they fully agreed with the principle "that Summary Boxes should not become part of the small print [as] this would undermine the objective of helping people to understand the product", although they expressed concern that "increasing the size of font would cause the Summary Box to fill more than one page which we believe would make it less easy for consumers to navigate and compare offers".[20]

15. We welcome the industry's response to the Committee's challenge to introduce the summary box. We believe this has made it easier for consumers to compare products, and should continue to drive competition in the industry. However, it is disappointing that some issuers have summary boxes that are difficult to read and contain small, dense print. We welcome the positive attitude of the industry in seeking to resolve some of these difficulties.

16. We believe that the summary box should continue to evolve in line with consumers' needs and that the industry should move towards simple language and standardised wording. We welcome the inclusion of the summary box in the Banking Code. The summary box should also be available at the contract phase, alongside any credit agreement which consumers are sent. As Barclays acknowledge, the summary box must not become part of the small print as this would undermine the objective of helping consumers to understand the credit card. A minimum font size for the summary box (as exists in the US) should be set, to avoid the details merging into the small print. APACS should systematically monitor the quality of the summary boxes in use by issuers.

SUMMARY BOXES AND MONTHLY STATEMENTS

17. In our last report we recommended that "the summary box should be extended so that it appears on monthly statements",[21] so that consumers would be kept informed of the charges and interest rates applicable to their credit card. This would enable them to compare products and determine whether they could get a better deal elsewhere. Several card issuers have already begun to include summary boxes on their monthly statements. HBOS told us that they were "the only institution to also include a personalised summary box on the front of all our monthly statements. This feature gives our customers a greater understanding of the cost of their credit card".[22] Mr Crosby told us that this "keeps [the Summary Box] fresh in the minds of the customer".[23] Barclays told us that they "started to introduce a version of the Summary Box on monthly statements" from early 2004.[24] Nationwide and Egg have also begun to include the summary box on their monthly statements.

18. APACS told us that "The industry is seeking to conduct additional research to assess customer needs in time for the next review of the Banking Code which will be in 2006".[25] MBNA told us that "introducing monthly summary boxes would pose significant technological challenges. Because of the lead time necessary to develop this technology, we would not be in a position to introduce summary boxes on monthly statements before 2006".[26] In oral evidence Mr Flynn, MBNA Europe's CEO, told us that they had continued to examine this issue and now expected to be able to introduce it by the end of 2005. Sir Fred Goodwin told us that the information was already on the back of RBS statements (although we note that it currently appears in small dense print) but they would be introducing the summary box format "in the first quarter of [2005]".[27] HSBC originally told us that they had as yet "seen no demand from our customers for the inclusion of Summary Boxes on monthly statements".[28] We note that this is in contrast to the consumer research undertaken by the OFT which found that the kind of information contained in the summary box was also seen as useful on monthly statements.[29] At our hearing, Mr Geoghegan told us that HSBC would introduce a summary box on monthly statements as soon as the system allowed.[30]

19. We welcome the actions of some credit card providers, including HBOS, Egg, Nationwide and Barclays, to begin including the summary box on monthly statements. This is essential in ensuring that consumers are kept informed of the key interest rates and charges of their credit cards and are properly equipped to shop around and determine whether they could obtain a better deal elsewhere. We do not believe consumers should have to wait until the middle of 2006 for the summary box to be introduced on monthly statements in a consistent manner across all of the industry. We recommend that APACS should immediately issue industry guidelines and ensure that all card issuers include the summary box on monthly statements during 2005.

SUMMARY BOXES FOR PERSONAL LOANS, CURRENT ACCOUNTS AND SAVINGS ACCOUNTS

20. The primary role of the summary box is to provide consumers with clear information about the key characteristics of the financial product. There should be no nasty surprises, or charges that are relegated to the small print. The information needs to be accessible— consumers should not have to wade through the marketing material of financial products to find the essential information needed to understand competing products and make informed comparisons. There are already calls for the concept of the summary box to be developed for other banking products. The submission from Which? called for "a Summary Box document for current accounts"[31] which would clearly show interest rates for credit balances and effective annual rates for both unauthorised and authorised overdrafts, and all charges. We challenged the major banks to apply the principles of the summary box to other major products such as personal loans and current accounts. Mr Daniels of Lloyds TSB told us that "we are certainly looking into it" and Mr Crosby of HBOS thought that "it was a likely development under the Banking Code and it is a good idea."[32] Following this Committee's inquiry Restoring confidence in long term savings,[33] the wider financial services industry has also begun looking at including a version of the summary box on savings products. Given the positive consumer reaction to the credit card summary box, the banks should examine closely whether the principles of the summary box could be applied to some of their other products such as personal loans, current accounts and savings accounts. We believe that there is a strong argument for extending the summary box in this way and hope to see progress over the course of 2005.

Repayment scenarios and minimum repayments

21. In our last report we concluded that there existed the potential for improved transparency by the inclusion of examples giving the cost of different borrowing scenarios. We concluded that this would not increase confusion if implemented in a simple and standard way.[34]

22. One of the scenarios that we called for was a clear indication of the cost of repeatedly making the minimum repayment and the length of time it would take to clear an outstanding balance. Credit card terms and conditions typically specify a minimum monthly repayment of 2%—5% of the outstanding balance. With the interest rates that apply to credit cards, a consumer regularly making the minimum repayment will take many years to clear the outstanding balance. For example, with an interest rate of 14.9%, a customer with a debt of £1,000 making the minimum repayment of 2%[35] would take approximately 19 years to repay the debt. APACS estimate that 3% of cardholders regularly pay the minimum repayment, while OFT research suggests that this figure is 8%.[36]

23. To alert cardholders to the implications of making only the minimum repayment, APACS have agreed to include a 'health warning' on monthly statements. The APACS wording states

    "Only ever making the minimum repayment will significantly increase the time taken to clear your balance and cost you more".

24. Some issuers have chosen to go further than the basic industry position. Several have included a scenario showing the relative costs of only making the minimum repayment compared with making a small (£50) payment each month (on a balance of £1,000). Barclays told us that they believed that "this explains better than a 'minimum repayment warning' the implications of only making minimum repayments".[37] Mr Varley, Barclays' chief executive, elaborated on this point during evidence saying that their "research with customers suggests that if you put simple scenarios in summary boxes…and you express them in the way [that customers] think about managing their money affairs then that resonates with them and they find it is helpful. For me the illustration brings the health warning alive. It is one thing to say 'beware of making minimum repayments' which is a rather arid comment. It is quite another thing to say now, look at the arithmetic and the duration consequences of operating on minimum payment as opposed to £50 a month or £100 a month. The response we have had from customers…has been very positive."[38] Mr Daniels told us that Lloyds TSB "believe that scenarios can help consumers better understand how to manage their credit cards and what the impact of the terms and conditions are. There are so many different ways in which customers can use it, I do agree it is complex. But I think that by putting forward some illustrative scenarios that it can aid understanding".[39]

25. Others in the industry were more sceptical of scenarios. Sir Fred Goodwin told us that RBS "feel the scenarios are more likely to be confusing than helpful because unless you can find a scenario which directly corresponds to your personal circumstances they are of limited benefit and also unless the scenarios line up across the whole of the industry it is very difficult to make comparisons"; for Sir Fred "the important point [was] that we draw customers' attention to the fact that it is not a particularly prudent strategy to only seek to repay the minimum repayment over a sustained period".[40] MBNA, HSBC and Capital One also expressed views against scenarios, although all companies gave undertakings to consider the issue further.

26. Although it is an improvement, the APACS warning on making only minimum repayments does not go far enough. We agree with Barclays that the APACS warning is an arid statement and that the scenario better explains the implications involved. We welcome the lead taken by Barclays, Nationwide, Lloyds TSB and Egg, in introducing clear scenarios showing the cost of repeatedly making the minimum repayment. There is a growing recognition in the industry that there is the potential for increased transparency by the inclusion in the summary box and on monthly statements of simple and standard scenarios. We hope the industry will continue to work positively to develop scenarios that could help consumers choose which card to use and help them to use it wisely.

27. While card firms are now warning customers against making only the minimum repayment, some firms continue to promote the practice in their marketing literature. Capital One's marketing literature contained an example showing that the effect of spending £200 a month on items such as clothes, cinema tickets or petrol, was that "Your minimum monthly payment could be as low as £6 a month (that's only £1.50 a week)".[41] We note that spending £200 a month and paying the minimum repayment would result in a debt of around £1,100 after six months. Mr Brownlee told us that he did not think the marketing was irresponsible, although he agreed that it would have also been useful to include the minimum repayment warning in that piece of marketing literature. He also told us that someone aged 18-21 should not even consider getting a credit card "unless they were perfectly capable of repaying in full each month."[42] He later wrote to us saying that Capital One were in the process of changing the marketing material.[43] Whilst warning customers of the consequences of making only minimum repayments on monthly statements, it is irresponsible for issuers at the same time to use other promotional material to encourage consumers to pay only the minimum. We welcome Capital One's intention to review their marketing material.

Annual Percentage Rates (APRs)

28. The APR is supposed to be a measure of the overall cost of credit. It must be displayed with greater prominence than any other rate or charge and should enable consumers to compare like-with-like. During our previous inquiry we discovered that the APR figure most commonly used by consumers to compare credit cards was allowed to be calculated in more than one way. We concluded that this "is clearly unacceptable, impedes competition and damages consumers' ability to compare products".[44] This view was shared by the industry and consumer groups and acknowledged by the DTI.[45] The responsible Minister, Mr Gerry Sutcliffe MP, gave us his commitment at that time that the DTI would introduce regulations ensuring that all credit card issuers used a single method of calculating the APR by October 2004.[46]

29. In its response to our report the DTI told us that "The Consumer Credit White Paper re-affirmed the Government's commitment to achieve a single, consistent approach to the calculation of APRs. A single set of assumptions for the APR used in advertisements—based on the standard "go-to" rate for purchases—was included in the consultation document published alongside the White Paper. A single calculation method will be brought into effect alongside revised Regulations on the advertising of consumer credit by October 2004."[47] We asked the chief executives of the major credit card issuers whether these regulations would now ensure that all lenders now calculated APRs on a consistent basis. Mr Daniels told us that Lloyds TSB were "very supportive of the single APR".[48] Other chief executives confirmed that they were ready to move to the agreed method of calculating the APR in advertisements by 31 October 2004.[49]

30. However, Mr Brownlee brought to our attention the point that "Unfortunately the new APR calculation comes in stages. Advertisements must contain the new calculation of APRs from 31 October 2004…This is the requirement of the Consumer Credit (Advertisements) Regulations 2004. [Credit Agreements] must have the old APR calculation until 31 May 2005, and only then change over to the new version of the APR. Lenders are not permitted to use the new APRs in terms and conditions until May, or the agreements will not be enforceable, by law. This is the effect of the Consumer Credit (Agreements) (Amendment) Regulations 2004. This means that between 31 October 2004 and 31 May 2005 the APR in the advertising will not necessarily match the APR in the customer agreement (it will depend on the particular product) and may be different by several percentage points".[50] APACS told us in January that "the inconsistency of the dates obviously creates the minor possibility [of customer confusion] given that the APR in an advertisement will potentially be different to that in the agreement from October 2004 and May 2005". They were reassured that "any fears of confusion are completely unfounded, given we are already well into the transition period and have not seen any reports of customer confusion".[51] We welcome the move to a single method of calculating the APR for credit card advertisements. However, we regret that this change could not be aligned with that in credit agreements and note that this difference could result in a source of confusion for consumers until May 2005. We would welcome an explanation as to why it was thought necessary to delay implementation of the requirements for a single method of calculating the APR in credit agreements.

Interest calculation method

31. We asked the card issuer chief executives whether it was a reasonable assumption for a consumer that, with a card with a higher APR, he or she would end up paying more than with a card with a lower APR. Sir Fred Goodwin agreed that "it is a reasonable assumption but there is an element of the calculation that it does not cover".[52] He thought that "many consumers would assume that if the APRs are the same everything else must be the same, that is not the case".[53] As we discovered during our earlier inquiry, in addition to the interest rate, a key determinant of the overall cost of credit to the consumer is the method used to calculate the interest. This covers factors such as:

  • when lenders begin to charge interest on purchases made (the date of the transaction, or the date that the purchase reaches the account);
  • when they stop charging interest once a payment has been received (interest may be charged up to the statement date of the bill that is paid in full, or up to the date the bill is paid in full with the additional interest appearing on the next statement);
  • length of interest free periods (the maximum interest free period may vary between 45-59 days; there may be no interest free period);
  • when new purchases attract interest (interest may not be charged on purchases in the current month if the bill is paid in full; interest may be charged on purchases unless the current bill is paid in full and the previous bill has been paid in full).

32. Which? provided details during the earlier inquiry of a number of different charging methods currently in use in the UK credit card market. They estimated the cost in interest of a series of transactions over two months, finding that "customers of 2 cards with the same APR could be charged up to 76% more by one card than another for the same borrowing, depending on the interest calculation method used".[54] We concluded in our previous report that the "different methods used to calculate the total interest charged are technical and opaque. Many consumers are unaware such differences exist and lack the means to calculate what impact they have on using their credit card. There is a clear need for greater transparency and if the differences and their effects cannot be explained to the consumer then some degree of standardisation will be required".[55]

33. Since our earlier report, further evidence has emerged. Egg issued a welcome report which included consumer research revealing a significant lack of awareness of the different calculation methods. Around 81% of consumers were under the impression that if two different cards with identical APRs were used in exactly the same manner they would always be charged the same amount of interest, and 77% felt it was unfair that two different providers with identical interest rates could vary in the amount of interest charged. The Chief Operating Officer of Egg commented at the time of their report: "Different methods of calculating interest allow providers to subsidise and suppress the upfront APR that they are advertising, creating an illusion that they are offering a better deal than is often the case."[56]

34. We asked witnesses if it was fair that the consumer did not know that two different cards with the same APR used in the same way could charge different amounts. Mr Geoghegan agreed it would not be fair (but thought that in fact the consumer would know).[57] Sir Fred Goodwin told us that "I do not think it is helpful".[58] Mr Flynn told us that he did "not think so".[59] Mr Varley believed that the industry "can improve"[60] and Mr Hoffman wrote to us following the session to say that Barclaycard "accept that many consumers do not yet fully understand the differences in interest charging methods between credit card issuers."[61] Dr Hunt also observed "It comes as a surprise to the vast majority of consumers that if they make the same purchase on the same date with two different cards with the same APR, and then later pay back the full amount on the same date, those two cards might charge different amounts of interest. Indeed, it seems completely contrary to fair play."[62]

35. We note that even many industry leaders largely conceded that the variety of interest calculation methods presently in use can be unfair for the consumer. The consumer may often be unaware that the differences exist and unable to understand the effects the differences can have. As one issuer has noted, an "illusion" can be created that a deal is better than it really is.

36. APACS told us that the industry had agreed that one of the changes to be made to the summary box was that "it will feature information on the period over which interest is charged, improving transparency and providing a means of comparison. In conjunction with the estimated interest figure (effectively the maximum interest that might be incurred by the cardholder, and a figure which is shown on all statements) the implications of the interest calculation method will be clearly described and expressed in pounds and pence terms".[63]

37. The industry therefore emphasises clarity of information and description presented in the summary box as the way forward in this, rather than any standardisation of the method used. However, we give four examples below of the type of information included in summary boxes, which we believe illustrate some of the difficulties involved.
Interest free period Classic Plus Credit Card up to 45 days
Classic Credit Card, Student Credit Card, Your Bank at Morrisons and Gold Credit Card up to 56 days
For purchases and cash advances if you pay your balance in full and on time. During the time when you benefit from a Balance Transfer rate, there is no interest free period for any other transactions.
Interest charging method Interest is charged from the date transactions are applied to your account until payment is received (unless the interest free period applies). For balance transfers, the interest charge for the period from the previous statement to a date of full repayment will be debited the following month.

Source: HSBC
Interest free period Maximum 56 days for purchases if you pay your balance in full and on time. There is no interest free period on cash advances, cheques or balance transfers.
Interest charging information Where interest is charged the periods over which it is charged are as follows:
From Until
Purchases Cash Withdrawals Transaction Date Repaid in full
Cheques Transaction Date Repaid in full*
Balance Transfers date debited to your account Repaid in full*
*Even if you pay the balance in full, the interest charge for the period from the previous statement to the date of full repayment will be debited the following month

Source: Barclaycard
Interest Free Period Maximum 59 days for purchases if you pay the balance in full and on time. There is no interest free period on cash advances, cheques and balance transfers
Interest Charging Information Purchases Interest charged from date of transaction
Cash Interest charged from date of transaction
Balance Transfers Interest charged from date transaction is posted to account
Cheque Interest charged from date transaction is posted to account

Source: HBOS, Bank of Scotland Platinum Visa
Interest free period Maximum 59 days for purchases if you pay your balance in full and on time, and have paid the previous month's balance in full and on time. There is no interest free period on cash advances, money transfers or cheques. Interest free period on balance transfers only applies to the introductory period.
Interest charging information Interest is charged as follows:
From Until
Purchases transaction date Repaid in full*
Cash Withdrawals transaction date Repaid in full*
Balance Transfers transaction date Repaid in full*
Cheques Date debited to your account Repaid in full*
Money Transfers Date debited to your account Repaid in full*
* If you pay the balance in full, any interest charge for the period from the previous statement to the date of full repayment will be debited the following month

Source: RBS Classic Card

Even with the above information, it is likely that consumers would find it difficult to discern differences in the interest calculation method and particularly to work out which method was the cheapest. In their evidence to us, Which? continued to believe that it remained "nearly impossible for consumers to accurately and efficiently calculate a card's true cost by reading the terms and conditions".[64]

38. Sir Fred Goodwin of RBS told us that "some terms and conditions are harder to understand than others" and thought that what "was proposed by the industry was a big step forward from where the industry has been, in that the periods [over which interest will be charged] will be put in the Summary Box in a way…where customers could understand it if they want to but the information perhaps would not be as easy to understand as if it was put into some sort of scenario…The scenarios are no use unless everyone does them" and he believed that this needed to come from the DTI.[65]

39. Mr Crosby also thought that scenarios could help in explaining the interest calculation method to consumers.[66] For Barclays, Mr Varley noted that the summary box would now include "simple statements about how interest is calculated"[67] and Mr Hoffman wrote to us to say that while (as already noted) they accepted that many consumers did not yet fully understand the differences in interest charging methods "we have only started to include an explanation of this in Summary Boxes recently. This will be included on all Summary Boxes industry-wide from the beginning [of 2005]".[68]

40. Mr Daniels told us that "standardisation [was] not the answer [as] it would stifle innovation. Transparency is a much better answer, so that a consumer can in fact make an informed choice".[69] He told us that the summary box meant that "the customer has good information to make an informed comparison".[70] Despite this statement, HBOS, Lloyds TSB and Capital One could not confirm that they had carried out any research to assess whether consumers understood the difference between interest calculation methods or the descriptions of them that had been put in the summary box.[71]

41. The DTI had concerns that "any enforced standardisation of [interest calculation methods] would stifle competition and innovation".[72] They argued that the present approach left consumers "free to choose a product that complements the way they organise their finances. For example, some would want a lower APR, but will be prepared to pay interest from the date of purchase".[73] PricewaterhouseCoopers noted the concerns of the DTI and the industry that standardisation might inhibit competition but noted that "it could be argued that such moves would actually encourage greater competition by placing all lenders on a level playing field and giving consumers more relevant information with which to choose a card".[74] Dr Robert Hunt told us that "It is difficult to see how standardisation of whether interest accrues from the date of the purchase or from the date on which the transaction reaches the card account would stifle competition or product innovation in any way. How many consumers actually know the difference? If they don't know, how can it be a competitive issue?"[75] Egg told us that they "do not believe that [different interest calculation methods are] a competitive issue, as our research shows consumers do not understand the different methods used and do not take them into account when selecting a credit card".[76]

42. Lack of clarity about interest calculation methods and their effects continues to be a major problem for consumers. The industry sees a solution in clearer explanations and descriptions of methods in the summary box, rather than standardisation of method. They argue that standardising methods will restrict competitive freedoms, to the detriment of the consumer. We appreciate the importance of a competitive market in stimulating innovation and creating more sophisticated products to serve varying needs. But we remain to be convinced that standardising methods will restrict competition in this way, since—with the exception of short interest-free periods—there is little evidence that the consumer has any awareness or understanding of the differences involved. As the Chairman of the OFT has previously told us "if a product characteristic is invisible to consumers then it cannot be a dimension of competition".[77] We recommend that the industry, working with the consumer bodies, give further consideration to whether some elements of standardisation of charging methods could be introduced and bring forward proposals to achieve it. This could be through the establishment of one or two well publicised (and therefore more widely understood) standards, from which individual issuers would be free to diverge so long as clear indications were given of the effect on consumers.

Risk-based pricing

43. Risk-based pricing is the practice of offering consumers different interest rates depending on the perceived risk to the lender of default. Those with bad or non-existent credit histories would typically be charged a higher interest rate than those with good credit records. In our last report we noted that the practice of shopping around by applying for several different cards could damage a consumer's credit ratings. We asked banks whether this was still the case. Mr Daniels claimed that "on balance this is not a large issue, because it is really 1% who turn in multiple applications, and then we also understand that those who do turn in multiple applications have a higher tendency to default".[78] Asked if this meant that companies could be discriminating against the more sophisticated shopper, Mr Daniels accepted that this could be the case.[79] The independent review of the Banking Code recommended that "enquiries about products with risk-based pricing should be supported by enquiry checks with credit reference bureaux not a full credit search". Which? believed that this would address the problems of consumers being penalised for shopping around.[80] The banks responded that while they supported the principle behind this recommendation they felt that it could not be implemented within the timescale of the review then being completed.[81]

44. With the increased use of risk-based pricing, under which the consumer may not know the interest rate until after applying for the card, more and more consumers will have to shop around by making multiple applications. But the very act of shopping around can sometimes damage a customer's credit rating. This could result in the consumer paying a higher rate, which would cost them more. We recommend that the industry immediately implement their ability to undertake 'enquiry searches' so that shopping around does not damage a consumer's credit rating.

45. When advertising products with risk-based pricing, issuers are now required to display the full range of APRs available in the summary box, along with the typical APR (e.g "9.9% APR - 24.9% APR, typical 14.9% APR"). The previous regulations required that the typical rate (or less) should be available to 50% of borrowers. The DTI told us that "the new regulations on advertising will require that any advertised typical rate [or less] is available to at least 66% of borrowers".[82] We welcome moves by the DTI to ensure that the 'typical' APR (or less) will now be available to 66% of borrowers.

46. During our earlier inquiry, we also noted concern over the practice of implicit risk-based pricing. This is the practice of promoting cards with attractive rates of interest, but offering customers who do not qualify a different product. Mr Brownlee told us that for Capital One 28% of applications for their card with the most attractive advertised rate were accepted, another 40% of applicants were offered an alternative (with 18%—of the original 100%—getting the other product), and the rest were rejected.[83] Using these figures it would seem that out of those receiving a credit card from Capital One 61% are offered the low rate product, while 39% are offered a higher rate product (accompanied by a 0% introductory period). Mr Brownlee told us that Capital One explain to customers in writing why they have been rejected for the original product and why they are being offered an alternative.[84] We recommend that the OFT develops guidance to deal with the practice of 'implicit' risk-based pricing. This should clarify whether the requirement that the 'typical' APR (or less) be available to 66% of borrowers applies to products using implicit risk-based pricing. When a customer is turned down for the product originally applied for and is offered a more expensive credit card, they should be provided with clear written reasons as to why. The industry should review its practices to ensure that this is the case.

Balance transfer fees

47. Many credit card companies offer the facility to transfer an existing balance from a different credit card at an introductory rate of interest. These typically take the form of an offer of 0% interest for a period of six to nine months. Recently some credit card issuers have begun to charge handling fees for balance transfers, with many in the region of 2%. We note that this may make it difficult for consumers to compare the relative value of different balance transfer offers and decide which is the cheapest. For example, a company offering a 3.9% interest rate for six months would actually work out cheaper for the consumer than one which offers 0% interest for six months but charges a 2% handling fee. Charging handling fees on balance transfers is a legitimate business practice, but such fees erode some of the value to the consumer of balance transfer offers. The industry should revise the summary box guidance to ensure that the level of these charges is clearly communicated to the consumer. The OFT should revise its guidance on advertisements to ensure that firms outline the size of the fee in any promotion containing the introductory interest rate.

Default charges

48. Credit card issuers often levy account charges following a borrower's breach of the terms and conditions. These are typically for late payment; exceeding the credit limit; or when a payment is refused. The OFT told us that "The legal obligation on suppliers is to charge no more than a 'reasonable pre-estimate' of loss".[85] During our inquiry last year we sought to examine whether these charges represented a fair recovery of the costs incurred by the companies and how much revenue was raised from penalty charges. We called on lenders to place information on the amounts raised and the costs involved in the public domain. Although certain limited information was forthcoming, issuers were reluctant to publish the information required for a proper picture to be available, on the grounds of commercial confidentiality.[86]

49. However, following our inquiry the OFT launched an investigation into the level of penalty charges.[87] In response to a request for an update of the OFT's investigation, Sir John Vickers told us that

    "Turning to default charges, we have obtained information from card issuers on default charge revenue and costs incurred as a result of default. We have found that different card issuers use different accounting policies and bases for charging, some of which, on our preliminary analysis, are of questionable validity under the regulations on unfair terms in consumer contracts. We have now begun a series of meetings with major card issuers. In some cases we have made requests for more information. Besides clarifying the facts, we are considering points of law. We will report again to you once this investigation is concluded".[88]

50. Mr Varley claimed that in Barclays' case "the charge was insufficient to cover the administrative costs".[89] In a letter Barclays expanded on the costs arising from a late payment: these included additional operating expenditure (relating to: writing letters and making phone calls, the dedicated collections department which deals with accounts which have been in breach for over 30 days, developing repayment plans and monitoring accounts), increased credit risk and capital costs.[90] Sir Fred Goodwin told us that for RBS "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges".[91] We noted in our previous report that the average charge had increased by over 50% from £12 in 1998 to nearly £19 in 2003. It could be considered strange that the industry's costs have risen so dramatically, when data from APACS indicate that provisions for bad debts have remained constant.[92] Also, continued advances in IT should have reduced costs by automating processes. Of course it may be that the industry could argue that the average fee did not cover the costs involved adequately in 1998.

51. Credit card issuers continue to maintain that their penalty charges represent a fair recovery of the costs involved, but it is impossible to know—because companies have been unwilling to place in the public domain the information needed to create confidence that these charges are reasonable. We therefore strongly welcome the investigation by the OFT and await the result with interest. We trust that, irrespective of its eventual conclusions about the charges, the OFT's report will contain sufficient detail on the way charges are levied to allow judgements to be made as to whether fees are being used to extract additional revenue from cardholders (including those in financial difficulty) rather than covering reasonable costs. It is in the interest of companies themselves for such information to be publicly available, so that their customers can see that the charges are reasonable.


13   First Report, para 26 Back

14   OFT credit card survey, page 39 Back

15   www.fool.co.uk Back

16   Ev 84 Back

17   Ev 106 Back

18   Ev 69 Back

19   Specifically RBS were using a simple interest formula to calculate 'per annum' interest rates, while the majority of other lenders were using compound interest. Back

20   Ev 60 Back

21   First Report, para 38 Back

22   Ev 103 Back

23   Q 3 Back

24   Ev 60 Back

25   Ev 53 Back

26   Ev 77 Back

27   Q 513 Back

28   Ev 72 Back

29   OFT, credit card survey, March 2004, para 4.114 Back

30   Qq 514-516 Back

31   Ev 84 Back

32   Q 90 Back

33   Eighth Report of Session 2003-04, HC 71-I, para 24 Back

34   First Report, para 31 Back

35   Or £5, whichever is greater Back

36   Sixth Special Report of Session 2003-04, HC 761, para 2.6 Back

37   Ev 60 Back

38   Q 330 Back

39   Q 48 Back

40   Q 313 Back

41   Capital One marketing literature Back

42   Qq 230-236 Back

43   Ev 70 Back

44   First Report, para 42 Back

45   See Q 1140 and First Report, para 43 Back

46   See First Report, paras 44-45 Back

47   Second Special Report of Session 2003-04, HC 431, (March 2004), (Appendix 1, Department of Trade & Industry) paras 2.7-2.9 Back

48   Q 92 Back

49   Q 338 Back

50   Ev 70 Back

51   Ev 105 Back

52   Q 339 Back

53   Q 343 Back

54   First Report, para 47 Back

55   First Report, para 52 Back

56   Egg press release 16 February 2004 Back

57   Qq 361-365 Back

58   Q 372 Back

59   Q 373 Back

60   Qq 361-375 Back

61   Ev 81 Back

62   Ev 106, para 3 Back

63   Ev 53 Back

64   Ev 84 Back

65   Q 355 Back

66   Qq 103-104 Back

67   Q 357 Back

68   Ev 81 Back

69   Q 113 Back

70   Q 107 Back

71   Qq 110-112 Back

72   Second Special Report of Session 2003-04, HC 431, (March 2004) (Appendix 1, Department of Trade & Industry) para 2.10 Back

73   Sixth Special Report of Session 2003-04, HC 761 (June 2004) para 2.10 Back

74   PricewaterhouseCoopers, Precious Plastic 2005, page 11 Back

75   Ev 106 Back

76   Ev 107 Back

77   First Report, Q 1059 Back

78   Q 122 Back

79   Qq 122-123 Back

80   Which? submission to Banking Code Review, page 9 Back

81   Review of the Banking Code 2004, Recommendation of the Independent Review and Initial Response to review by subscribers to the code. Back

82   Second Special Report of Session 2003-04, HC 431 (March 2004) (Appendix 1, Department of Trade & Industry) para 2.11 Back

83   Q 125 Back

84   Qq 125-130 Back

85   Second Special Report of Session 2003-04, HC 431 (March 2004) (Appendix 2, Office of Fair Trading) para 19 Back

86   Ev 60-77; Qq 391-394 Back

87   Second Special Report of Session 2003-04, HC 431 (March 2004) (Appendix 1, DTI) para 2.16 Back

88   Ev 78 Back

89   Q 407 Back

90   Ev 81 Back

91   Q 415 Back

92   Source: APACS Back


 
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Prepared 4 February 2005